European Community Trade Mark Registration

Filing a 'European Community Trade Mark' (CTM) application protects the trade mark in each European Union country as though it was filed as a National application in each EU country. Registration of a Community Trade Mark has the same effect as a National trade mark registration in each member country.

Benefits

• The duration of the CTM registration is ten years. Protection can be maintained indefinitely by paying the renewal fees. Single renewal of the CTM is required and not in each EU member country.
• The use of the trade mark in one EU country is sufficient to prove use in all of the EU member countries.
• A CTM registration is enforceable throughout the EU. Currently there are 28 EU member countries.
• A decision on infringement in one country is enforceable in all other EU member countries. Therefore a single infringement action may be filed eliminating the need to replicate costly infringement actions in each individual EU member country.

Pitfalls

• It is possible to oppose a CTM application based on the prior use or registration of another trade mark in any EU country. Therefore there is a risk that the CTM application may face multiple oppositions based on different owners' rights in each individual EU member country.
• A CTM may only be assigned against all EU Member countries and not one country of interest.

We recommend that prior to filing an International Trade Mark Application we conduct comprehensive searches to determine if the trade mark is available for your use and registration in the designated country of interest.

The current members of the EU are: